In re Guardianship of Walpole

Brian Walpole was born mentally disabled and was subject to lifelong guardianship. Walpole was born in the United Kingdom but subsequently moved with his mother to Florida. Walpole’s mother was killed in a car accident in Florida, and Walpole was injured. Walpole received approximately $300,000 in damages as a result of the accident, which was held in a guardianship account at First Union National Bank (First Union) (defendant). Walpole was also the beneficiary of a testamentary trust established by his mother, for which First Union was the trustee. First Union administered both the trust and the guardianship account. After Walpole’s mother was killed, and without prior court approval, Walpole’s uncle took Walpole back to the United Kingdom and settled him in Wales. In the United Kingdom, Walpole was under the jurisdiction of the Public Trustee (plaintiff), a government office equivalent to Florida’s Department of Health and Rehabilitative Services that acted as a receiver for persons unable to manage their own financial affairs. The Public Trustee handled the appointment of caregivers and caseworkers for Walpole. The Public Trustee petitioned to have the $300,000 guardianship account transferred to the United Kingdom, arguing that the transfer would allow the funds to be closer to Walpole and would both lower administration costs and eliminate United States taxation of the guardianship-account funds. The Public Trustee did not provide any evidence that First Union had mismanaged the guardianship account. After a hearing, the trial court rejected the Public Trustee’s petition, holding that First Union should retain guardianship over the guardianship account. The trial court reasoned that it was in Walpole’s best interest to have his guardianship account and the testamentary trust managed by the same financial institution in order to avoid any potential miscommunication between First Union and the Public Trustee regarding distribution of funds for Walpole’s care and benefit. The Public Trustee appealed.